scholarly journals L’ANALYSE JURILINGUISTIQUE EN TRADUCTION, EXERCICE DE DROIT COMPARÉ. TRADUIRE LA LETTRE OU «L’ESPRIT DES LOIS»? LE CAS DU CODE NAPOLÉON

2019 ◽  
Vol 37 ◽  
pp. 9-61
Author(s):  
Jean-Claude GÉMAR
Keyword(s):  
Comparative Analysis ◽  
Ad Hoc ◽  
Comparative Law ◽  
Legal Culture ◽  
Fellow Traveler ◽  
Meeting Point ◽  
Legal Translation ◽  
Civil Codes ◽  
Conventional Manner ◽  
The Way

Translated texts sometimes reflect the targeted legal system’s conventional manner of writing law; however, the equivalence of the legal message must be realized. Translating law into another legal culture goes through a comparative analysis of the laws involved, the command of which is needed to achieve legal equivalence. The form of the target text must nevertheless correspond to its legal culture. Legal translation is then the meeting point of languages, cultures and laws. To succeed, this meeting must be based on an ad hoc knowledge of both laws. Then comparative law enters into play as the legal translator’s “fellow traveler”, whom it equips for the exchange. To realize it, “two intersecting receptions will suffice” (Carbonnier). This operation is successful when concepts and notions overlap and the letter of the law (the substance) and the law’s expression (the form) merge, demonstrating “the spirit of the laws”. Benchmarking is the way to reach this goal. It is conducted here under the light of jurilinguistics via the analysis of terms and concepts presenting various translation difficulties, which demonstrate the necessity of comparative law (I). A comparison of translations of the Napoleonic Code and other civil codes will complete the quest for the spirit of the laws by the way in which the letter or the spirit of the text to be translated is rendered (II). The lessons to be learned are aimed at language professionals, who will find in jurilinguistic comparative analysis a way to perfecting their work and, in the translations of the civil codes, a basis of reflection on the role and functions of translation.

Market Reforms in Russia: Can the Vicious Circle Be Teared Open?

2004 ◽  
pp. 114-128
Author(s):  
V. Nimushin
Keyword(s):  
Economic Policy ◽  
Comparative Analysis ◽  
Historical Context ◽  
Vicious Circle ◽  
Modern World ◽  
Market Reforms ◽  
Main Task ◽  
Forward Movement ◽  
Socially Responsible ◽  
The Way

In the framework of broad philosophic and historical context the author conducts comparative analysis of the conditions for assimilating liberal values in leading countries of the modern world and in Russia. He defends the idea of inevitable forward movement of Russia on the way of rationalization and cultivation of all aspects of life, but, to his opinion, it will occur not so fast as the "first wave" reformers thought and in other ideological and sociocultural forms than in Europe and America. The author sees the main task of the reformist forces in Russia in consolidation of the society and inplementation of socially responsible economic policy.

Revisiting the risk of undesired appeal in investment treaty arbitration: is deference to the tribunal’s award still less likely in the ICSID context?

2021 ◽  
Author(s):  
Alexander J Marcopoulos
Keyword(s):  
Ad Hoc ◽  
De Novo ◽  
Case Law ◽  
Court Decisions ◽  
Investment Treaty ◽  
Investment Treaty Arbitration ◽  
The Way

Abstract Although they are generally not subject to appeal the way court decisions typically are, investor-State arbitration awards can be reviewed—and potentially set aside—in a number of ways and on various bases. In this respect, investor-State arbitration under the auspices of ICSID is notable in that it provides a self-contained system for the review of arbitral awards by ICSID-appointed ad hoc committees. In the period 2000–2010, this feature of the ICSID system attracted criticism as ad hoc committees appeared to be overreaching in their review of arbitral awards, exercising less deference to the tribunal’s decisions than what would be expected given the narrow bases for setting aside an award under the ICSID Convention. This article revisits the issue 10 years later, exploring whether ICSID practice has evolved in these areas and whether there remains a greater risk of unexpected de novo review by ICSID ad hoc committees. Looking at recent ICSID annulment decisions as well as the case law of arbitration-friendly jurisdictions, the article concludes that although the ICSID ad hoc committees have recently shown more restraint, they continue to interfere more with the tribunal’s reasoning and decisions than many courts exercising the same function.

scholarly journals Engaging Foreign Law: Not So Liberally

2019 ◽  
Vol 19 (75) ◽  
pp. 11-19
Author(s):  
Pierre Legrand
Keyword(s):  
Rule Of Law ◽  
Local Knowledge ◽  
Comparative Law ◽  
The Rule Of Law ◽  
Legal Thought ◽  
Foreign Law ◽  
Georgetown University ◽  
The Way

Taking its cue from a remarkable institutional initiative owing to the Georgetown University Law Center, this essay contests some of the key assumptions that have informed liberalism’s cosmopolitan turn. In particular, the argument addresses the way in which liberal legal thought has handled a doctrine widely known as “the rule of law”. The text challenges the universalizing drive having informed the dissemination of “the rule of law” and the attendant marginalization of culture in the form of the decredibilization of local knowledge. The paper suggests that “comparative law” can offer a valuable opportunity for the liberal self to revisit its uniformizing ideological commitments  — although not “comparative law” of the mainstream brand.

scholarly journals Comparative Analysis of Different TCP Variants in Mobile Ad-Hoc Network

2012 ◽  
Vol 52 (13) ◽  
pp. 19-22 ◽  
Author(s):  
Hrituparna Paul ◽  
Anish Kumar Saha ◽  
Partha Pratim Deb ◽  
Partha Sarathi Bhattacharjee
Keyword(s):  
Comparative Analysis ◽  
Ad Hoc Network ◽  
Ad Hoc ◽  
Mobile Ad Hoc Network ◽  
Mobile Ad Hoc
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